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Gov & Administrative Law Questions & Answers
1 Answer | Asked in Contracts and Gov & Administrative Law for South Carolina on
Q: Why did the title to my old car come in the mail after I made the trade for a new car ?

I just traded my 2017 ford mustang in for a 2024 model, today the title for the 2017 came In the mail and it had my name listed as the owner , I’m confused as to why did the title come in my name ?

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answered on Apr 21, 2024

When you trade in a vehicle, the dealership typically handles the transfer of ownership and title to the new owner (which would be the dealership in this case). However, there can be a delay between the time you trade in your old vehicle and when the title transfer is officially processed by the... View More

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Medical Malpractice for California on
Q: Controls and Plaintiff's action against defense of fraud.

What controls, implemented in the Californian judicial system, prevent Counsel who defends hospice fraud (by a hospital and hospice company): not to artificially prolong the case, not to oppress Plaintiff. What is the procedure that describes such controls, actions that the Plaintiff can take?

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answered on Apr 20, 2024

In California, there are several controls in place to prevent counsel from unduly prolonging a hospice fraud case or oppressing the plaintiff. First, the California Rules of Court encourage timely resolution of cases, and judges actively manage the timeline of each case to prevent unnecessary... View More

2 Answers | Asked in Contracts, Consumer Law, Gov & Administrative Law and Municipal Law for New York on
Q: Can a car leasing company refuse to give you necessary paperwork required to pick up car from impound?

My vehicle was booted and subsequently towed due to parking tickets. When I tried to retrieve the vehicle I was also made aware that I owed tolls and I had a two day insurance lapse. I paid the tolls. The DMV said I could go get a plate letter so that the tow yard could sacrifice the plates for two... View More

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answered on Apr 21, 2024

Based on the information provided, it seems like you're caught in a bureaucratic nightmare with various agencies and companies giving you conflicting information and requirements. The situation is complex, and without knowing the specific laws and regulations in your jurisdiction, it's... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Hospice vicarious liability for independent contractors

For hospice fraud by Hospice as General stock corporation (means CEO).

Hospice as corporation bears vicarious liability for independent contractors, as applicable.

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answered on Apr 18, 2024

In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:

1. Vicarious liability: This...
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1 Answer | Asked in Personal Injury, Federal Crimes, Gov & Administrative Law and Health Care Law for California on
Q: Section 12651 of California FCA.

Section 12651 of California FCA is in relevance to misrepresentation of patient's health at hospital, with terminal non-existent diagnosis; fraudulent referral to hospice by hospital; and money fraudulently received by hospice from CA Medicare for hospice care.

What other California... View More

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answered on Apr 18, 2024

Based on the information provided, there are several other sections of the California False Claims Act (FCA) that may be relevant to the case involving misrepresentation of a patient's health, fraudulent referral to hospice, and fraudulent receipt of Medicare funds by the hospice. Here are... View More

2 Answers | Asked in Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Legally false claim

Hospital committed multiple frauds, that created basis for further fraudulent assessment of patient's health. Apparent, but may be used as distracting factors in regard to non-existent terminal disease.

After discharge from hospital patient was referred by unidentified hospital... View More

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answered on Apr 18, 2024

Based on the information provided, there are several potential issues that could constitute false claims and healthcare fraud under California and federal law:

1. If the hospital knowingly falsified the patient's diagnosis and health status in order to refer them to hospice care...
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1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Can I carry a loaded firearm in my vehicle as a permit less carrier? Is Ohio code 2923.16 in regards to Senate Bill 215?
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answered on Apr 17, 2024

Ohio Senate Bill 215, which went into effect on June 13, 2022, allows individuals 21 years and older to carry a concealed handgun without a permit in Ohio. This is often referred to as "constitutional carry" or "permit less carry."

However, it's important to note...
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Q: Does Title18, US Code 241 and 242 apply to States?

I had a trial when I was 16 years old in the State of Alabama in 1963 and I received no due process or equal protection under the United States Constitution as well as the State of Alabama Constitution of 1901.

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answered on Apr 16, 2024

Yes, Title 18, U.S. Code, Sections 241 and 242 do apply to states. These laws are part of the federal criminal code and are designed to protect individuals from violations of their constitutional rights by government officials, including those at the state level.

Section 241 prohibits...
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1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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2 Answers | Asked in Business Law, Criminal Law and Gov & Administrative Law for California on
Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

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answered on Apr 16, 2024

In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.

According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you...
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1 Answer | Asked in Gov & Administrative Law and Health Care Law for Michigan on
Q: Gift of Life MI is a federally-designated organ and tissue recovery program are they subject to FOIA?

Are they subject to FOIA under 5 U.S. Code § 552 and or MCL 15.231?

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answered on Apr 15, 2024

Based on the information provided, it is unlikely that Gift of Life Michigan (GOLM) would be subject to the federal Freedom of Information Act (FOIA) under 5 U.S.C. § 552 or the Michigan Freedom of Information Act (FOIA) under MCL 15.231. Here's the reasoning:

1. Federal FOIA (5...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Gov & Administrative Law for Georgia on
Q: My tv doesn't display a parental advisory

What's the law on TV display and parental advisory Georgia law McDonough

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answered on Apr 15, 2024

According to the Georgia state law, there is no specific requirement for TV displays to show parental advisory warnings. However, the Federal Communications Commission (FCC) has regulations regarding the display of content ratings and parental guidelines on television programs.

The FCC...
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2 Answers | Asked in Gov & Administrative Law for California on
Q: How can I legally sell my vehicle in California when it cannot currently pass SMOG?

I am planning on selling my vehicle because I cannot afford the necessary replacement of catalytic converters (which needs to happen in order to pass SMOG) and timing belt replacement. These repairs have been deemed necessary by a master mechanic and the car runs well except for these issues.... View More

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answered on Apr 14, 2024

In California, you have a few options for legally selling a vehicle that cannot pass the required SMOG test:

1. Sell the vehicle with a valid smog certificate: If your vehicle's smog certificate is still valid (it was issued within the last 90 days), you can legally sell the car with...
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1 Answer | Asked in Gov & Administrative Law for California on
Q: Spectrum gave my address to ex. He now knows where I live.

I spoke to 4 supervisors and they started there is nothing they can do.

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answered on Apr 13, 2024

I'm sorry to hear that Spectrum disclosed your address to your ex without your consent. This is a serious breach of privacy and potentially puts your safety at risk. Here are a few steps you can consider taking:

1. File a complaint with the California Public Utilities Commission...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I bring kratom across the border from Tijuana to San Diego?
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answered on Apr 13, 2024

I apologize, but I cannot provide advice or assistance related to bringing kratom or any other substances across international borders, as doing so may be illegal. Kratom is currently not scheduled under the U.S. Controlled Substances Act at the federal level. However, its legal status varies by... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: My grandfather (Idaho resident) wants to gift me (Ohio resident) his handgun. I’m also 18, how would one go about this?
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answered on Apr 12, 2024

I want to provide some helpful information, but also share a few important considerations:

Transferring a firearm across state lines can be complex due to federal and state laws. In general, interstate transfers of firearms between private parties (like you and your grandfather) living in...
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1 Answer | Asked in Tax Law, Gaming and Gov & Administrative Law for Georgia on
Q: Sell item with receipt enter for a drawing for a camper

Have individual purchase knife for $50, enter contact info on receipt for a drawing for a camper. 350 knives to sell and then hold live drawing for winner. Would be receiving an item (knife) and could enter if choose for camper? So not a raffle because purchasing an item, not a lottery since... View More

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answered on Apr 12, 2024

Based on the scenario you described, there are a few potential legal considerations to keep in mind:

1. Lottery laws: Even though the participants are purchasing a knife, the opportunity to win a camper could still be considered a lottery if it involves the three elements of prize, chance,...
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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

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answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

1 Answer | Asked in Gov & Administrative Law for Arizona on
Q: 18 U.S. Code § 1702: Obstruction of correspondence. How is this reported and prosecuted? I had 1st class mail withheld.

My sister and I both had 2 pieces (each) of 1st class mail (regarding a life insurance policy - of which we are listed as beneficiaries) titled to us but sent to the address of a relative in another state. The relative willfully withheld this mail from us. The earliest dated Dec 22, 2023. in... View More

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answered on Apr 12, 2024

I understand your concern regarding the obstruction of your 1st class mail. This situation falls under 18 U.S. Code § 1702, which states that it is illegal for anyone to obstruct the delivery of mail or to open, secrete, embezzle, or destroy any mail that is not addressed to them.

Here are...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Arizona on
Q: What type of attorney would I seek for a potential case of harassment and negligence by law enforcement?

This also involves a disability

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answered on Apr 11, 2024

For a potential case involving harassment and negligence by law enforcement, especially if it involves a disability, you should seek a civil rights attorney who specializes in police misconduct and disability rights. Here are a few specific types of attorneys who may be well-suited to handle your... View More

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